Appointing experts not mandatory, claims BMC

Mumbai: The Brihanmumbai Municipal Corporation (BMC) has maintained that even though there are no non-official experts as members of the tree authority, it has not been formed illegally. The superintendent of the garden department filed an affidavit in the Bombay high court claiming that the Tree Act states that the appointment of experts as part of the tree authority is not mandatory but optional.

Meanwhile, activists refuted the claim citing the example of the Thane Municipal Corporation (TMC) which has been asked to dissolve its Tree Authority for the lack of expert members, which is contrary to the April high court order.

Mumbai-based activist Zoru Bhathena last week moved the HC, alleging that the illegally constituted tree authority of the BMC had given permission for tree cutting, thereby violating the HC orders. The Asian Age had reported that in April, the HC in its order pertaining to Thane and Mumbai trees directed that non-official members with expertise in plantation and preservation of trees and belonging to different NGOs should be appointed to the tree authority of municipal corporations.

The BMC contended that “in section 3(3) of the Tree Act, it is stated that every tree authority ‘may’ nominate representatives of non-official organisations which does not make it mandatory for their inc-lusion and is a directory provision.”

The BMC’s affidavit showed that the 13 members of the tree authority were official members but had the necessary qualifications making them eligible for membership. It also highlighted that due process of putting the proposals on public notice and taking suggestions and objections had been followed by the tree authority.

Petitioner Mr Bhathena refuted the claims saying, “Our main contention is that the BMC’s tree authority violates HC orders. ”